SATIJA RAJESH N Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall govern both these Letters Patent Appeals, which are outcome of the judgment, dated 22nd December, 2010, made by the Writ Court in CWP No. 1483 of 2007, titled as Satija Rajesh N. versus State of H.P. and others, whereby the writ petition filed by the writ petitioner -appellant in LPA No. 48 of 2011 came to be allowed with a direction to writ respondent No. 2 -HIMUDA to initiate fresh process in case it still intended to lease out the property (hereinafter referred to as "the impugned judgment").

(2.) SHRI Ashish Satija, being the attorney holder of one Shri Satish Rajesh N., filed the writ petition for quashing the procedure drawn by HIMUDA whereby bid of writ respondents No. 3 and 4 -appellants in LPA No. 1 of 2011 in respect of a partly built space measuring 331.80 sq. mtrs. situate in Shimla Town for raising construction of Cafeteria was accepted and also for cancellation of the lease deed executed, on the grounds taken in the writ petition.

(3.) WRIT respondents No. 3 and 4 -appellants in LPA No. 1 of 2011, feeling aggrieved by the impugned judgment, questioned the same by the medium of LPA No. 1 of 2011 on the grounds that the writ Court has fallen in error while granting the writ petition and has also not discussed all the points raised in the reply including the preliminary objections raised by them viz -a -viz maintainability of the writ petition; the writ Court has also determined the disputed question of facts, which cannot be gone through in a writ petition; the writ petition is hit by the doctrine of delay and laches and the writ petitioner is caught by law of waiver and acquiescence.